(A) Each cable operator shall pay to the city a franchise fee equal to 5% of the gross revenues of the cable operator. The city reserves the right at any time, upon 90 days’ notice to all cable operators, to amend this section so as to increase the franchise fee to the maximum rate allowable under federal law, in the event that the maximum rate is increased. It is intended that the franchise fees will promote the health, safety, and welfare of the citizens of the city.
(B) Accordingly, the franchise fee shall be deposited into the general revenues of the city, unless otherwise specified.
(1) The franchise fees may be passed through to subscribers as a line item on subscriber bills or otherwise, consistent with federal law.
(2) Within 45 days after the end of each reporting quarter, a cable operator shall file with the city a detailed financial and revenue report showing the gross revenues received by the cable operator for operations within the city during the proceeding reporting quarter. The report shall include gross revenue from all sources upon which a franchise fee is payable. Gross revenue may be reported in the aggregate by general service type or source.
(3) In the event that payment is not made within 60 days after the end of a reporting quarter, then the cable operator may be declared in default of the franchise, and the city may take action against the cable operator as authorized in this article.
(4) The acceptance of any payment shall not be construed as a release of, or an accord or satisfaction of, any claim that the city might have for further or additional sums payable under the terms of this article, or for any other performance or obligation of a cable operator.
(6) Payments of compensation made by a cable operator to the city pursuant to this article shall be considered in addition to any and all taxes of general applicability owed to the city by the cable operator that are not included as franchise fee under federal law.
(7) A franchise fee shall not be payable on any gross revenue source(s) which are excluded by federal law.
(Ord. 4245, passed 9-3-2019)